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Duke   University  Libraries 

Report  of  the  C 
Conf  Pam  #282 


rnOUSS   OF   REPRESENT ATIVKS,    M.rch    16,    1865.— Read 
aad  ordered  to  be  priated. 

[By  Mr.  Pugu  from  the  Military  Committee.] 


REPORT 


OF    THE 


COMULTTEE  OX  MILITARY  AFFAIRS. 


The  committee,  to  whom  was  referred  so  mnah  of  the  President's 
message,  of  the  L3th  instant,  as  relates  to  milit  iry  affairs,  beg  leave  to 
report  that,  after  careful  examination,  they  tiiid  but  two  measures 
suggested  in  the  message  for  recruiting  the  army  : 

1.  "  A  law,  of  a  few  lines,  repealing  all  cla<5s  exemptions." 

2.  "A  general  militia  law." 

The  subject  of  exemptions  has  been  consid'^red  by  Congress  at  each 
session  since  the  organization  of  the  Governm  >nt  under  the  perma- 
nent Constitution,  and,  at  every  session,  the  cla-ses  exempted  have  been 
reduced  in  number,  and  the  exemptions  in  each  class  limited  by  addi- 
tional restrictions. 

At  the  present  session,  the  "fifteen  negro  "  exemption  has  been  re- 
peal'id,  and  the  number  of  exemptions  and  details  farther  reduced 
and  prohibited.  While  a  few  class  exemfitions,  principally  of 
preachers,  teachers,  physicians  and  editors  are  allowed,  on  certain 
conditions,  by  existing  laws,  it  may  be  reasonably  doubted  if  any 
increase  of  the  army  would  be  effected  by  its  repeal,  and  the  substitu- 
tion of  an  absolute  power  of  detail  by  the  Executive. 

The  committee,  howeyer,  were  of  opinion  that  the  exemptions  now 
allowed  might  be  still  further  reduced  without  s^rioas  |)ublic  detriment, 
and,  at  an  early  day  of  the  session,  reported  a  bill  (op  that  purpose,  which, 
after  being  partially  considered,»was  postponed  with  the  view  to  the 
immediate  passage  of  the  "act  to  diminish  the  number  of  exemptions 
and  details,"  regarded  as  more  efficient  for  recruiting  the  army. 

The  recommendations  of  the  President  to  abolish  all  class  exemp- 
tioUvS,  and  to  confer  upon  him  alone  the  unlimited  po^ver  of  detail, 
presents  the  question  whether  the  representatives  of  the  people  or  the 
'Executive  shall  shall  decide  what  persons  shall  constitute  the  array  in 
the  field,  and  what  persons  shall  remain  at  home  in  pursuits  indispen' 
sable  to  the  vital  interests  of  the  country. 

Without  discussing  the  policy  of  subjecting  all  classes,  individuals 
and  avocAtions,  to  the  exclusive  control  of  the  Executive  Department 


of  the  Government,  experience  has  demonstrated  that  the  power  of 
detail  as  heretofore  exercised  has  afforded  more  unnecessary  immunity 
from  military  service  than  the  w  ell-guarded  legislation  upon  the  sub- 
^^ei^-trf^^bs^mpllfoi^P' 'Mne/c^^  tlie''  opinioii  Miat 

serious  abuses  had  been  developed  under  tto^'tiy^efn  ^ 'd^a^l'^- iba* 
this  opinion  Avas  general,  and  tended  to  create  "discontent  and  jeal- 
ousy in  the  arniy,"'  aii(|.-=m.'i1rhfn(«i>u«try°,  -arliicb  atc.\'3aB;:advjsKbl^^0 
abate  by  further  limitations  of  the  power. 

The  second  measure  recominernkd  by  the  President,  and  deemed 
by  him  "the  measure  most  needed  at  the  present  time  for  affording 
an  efiective  increase  tOfe«ur^lLtai*x^t»ei|gljhyis  a  general  militia  law." 
This  subject  was  consider6fl-^y^^e4ebmnnllee  at  an  early  period  of 
the  session,  and  a  bill  prepared  in  pursuance  of  the  recommendations 
of  the  President  in  his  regular^'fesfti^e.  After  mature  deliberation  it 
was  decided  that  such  legislation  was  unnecessary  and  inexpedient. 
V®pilg/e&  ^asi!{j]aced'  at  the  cli^pp^al  of„<l^  Prisldent-  fprrperso^s^ftt 
•fofiAi^iiary' ser-lke  between 'the 'a^^g  of 'seVenteeb^  an^-iAy,'^n'd-thte 
committee  are  unable  to  understand  how  it  can  be  expected  that  the 
power  of  defending  the  country -wottM  "be'  increased  by  the  passage  of 
a  general  militia  law  embracing  persons  within  thoi^e  ages. 
pV'Aiminority  of  this  comTnfttee  were  willing  to  organize -'the  militlfa,  of 
(the  States,  whatever  it  might' coiisist-ofj  and  to  autnorize  llie  President 
to  call  such"  orgUni/itions  into  the  miiitary  sei'vice  of  the  Confederate 
Stcites  irrespective  of:  State  lines,  and  thetdbre  favored' the  bill  referred 
to,  thou^  tbey  did  not  considca*  itff  passage  of  prime  inijK>rtance.    '^■ 

As  a  general  proposition,  it  may  be  corifiideiitly  stated' that  the  militia 

lirganized  and  'employed'  un^ter'Stftte  authority,  ernbrace  mote  persons 

■tban  could  be  made  sui>jeot  to  a  law  of  Congress,  and  are  as  efficiettl 

ior  State  delence  as  if  organized   and  employed    under   Confederate 

•authority.     The  State, whose  Governor   has    informed  the    PresirfeM 

".hat  tlie  law  does  not  permit  him  to  call  the  n)ilitiafrom  one  count;^ 

4fV  service  in.  another/*'"  has  not  adopted  any  such  restriction,  except  as 

Jlopersons  over  the  age  of  fortyfive.     Surh  is  the  restriction,  the  contj- 

■junittf'e  ai-e  reliably  informed,  in  the  State  of  Alabama,  and  it  is  not  be- 

iieved  that  this,  or  any  similar  prohibition  exists  in  any  other  .State.     J^ 

■?«  unreasonable  to  suppose  that  any  State  would,  by  legislation,  seriously 

-impair  the  efficiency  of  the  force  relied  on  for  its"  own  delence.     The' 

only  material  change  that  could  bie  effected  by  a  general  militia  law, 

'?(Vfjuld  be  to  transfer  the  power,  to  control  and  employ  the^  persons  kib- 

^«*ct  to  militia  duty  from  the  State  to  the  Confederate  authorities,  arid 

jtherieby  place  it  in  the  powei  of  the  President  to  order  the  tiiihtia  of .«, 

sfeitjatej  to  any; portion  of  the  Confederacy. i  The  pci3iey  of. using  su'cli 

fperkons  as  might  constitute  mihtia,  under  the  "propr^sed  legis]ation.:is 

nif.re  thaa  questionable,  in  view  of  thi&  fart  that  the  "reserves,^:  'under 

-thT'pjessure  of  the -war,  are  continued  indefinitely  in  the  fit<ld,and,  ulffder 

,hrrebetrt  act, < may  be  ordered;  beyOnd:  the  Xmdts  of'their  resq'ecttve 

tfcpftf ; lies  : ■  •  :if  the.- m i li tiia, -.also,  might' be^ sa- ordered -' t he  tminber  rema i ning, 

jt<iir,'U>cal  'pdic&;.and  Stale.  defenccialrffadvinsuJfici'enS  .ifor  th<*  purpoai, 

'ir<najiidtw  sotfaTjJieduced  as  vrrtually>to!hei»riEve  fh^-'iSlatfff-fi/oll.rneainsraf 

sel'  pre.-^ervation.     It  seems  mwni^est>thrit  fhe^Jejd^iJJ'J^n-of  acionsCTiptioii 

!ti>:jffcr?<php:o,vei-!-the  age  -of  iortyifiv'^ -whilefit  ehas>:ar<«itTly;.SrtipaiVe(f/the 

.^fj^Tj^Citiye  ipower  ■oh  Ihet  iyoitntiy;  aad  iiv  ie«li?35  Cir#«^eol!i6f*Ki.^^o«df ithe 


i  * 

the  comm'ittee   are  indisposQ<i;tes*xi«hti:gnerr<>ii®Ms.7K>licy  hy.  recofii? 
5»§ftdi;i^  'th^  tkdpptM^n  b):ii^.*nl>ea8iiretQprace  other  persons^ver  theige 
^f  ^rt(y-,fjv^  m  (h^^^neral  aviritaty  service  of  the  Confederate  iStanes. 
Wkh<?<iit!  etil^irging  upon  :the^merrts  of  the  question,  the.  committee 
axijr^^&^thjQit.CQfivitftvWi that  ittth^faiiiire^  Congress  to  pass  a! general 
fT^ilitia.kiVv;  tJi^re'i^  to.  ibe  found  oodeirellction  of  duty,  and  that,  not* 
j^ii^h^tmidingitiie  opinioa  of  ;ifhePtesideht,  from  which  th^y  have  dii» 
f^^lpd  \vith  reiu(ptjM^«ertiai^tihe^ropo5^  Treasure  is  the  one  'most  needed 
-j^tlfe  pr^^nt  ^me:'f<^r:.effo»yiit)g  an : effective  increase  toounniiitaay 
jitfl^flgt^"  they '  may,'  wifh'Oijit  hrroigance,  •  hope  tp •  esc a'pe  the  d isapprovs^ 
^j-t^  ar»?iy,and  the  people/,  /I^ia  being  the  most  importanfc.omisxioaof 
^u^  alleged.tiy  jthetj^r/esident  a?  to  thje  military  legislationvof  .Congres^ 
*h|ef  cpoinrtiiltee  is  tiot  urivvJilin;^  rto  assume  its  sharfr  of  the  rifcsponsibilit^f 
i?5f (the.  failure,  and  feel  no  a}>prehert'sion  of  prejudice  to  the  cause  there* 
iVpm,    The  problem  most  difficult  to  solve,  was  how  to  sec«t-e  the  retura 
i9.  the,  ar:my -of  officers  and  men  absent  without  leave,     'i  he  fact, made 
public   by  the  President,  of  the  inability  of  the  Gov^f-jmaer^tito  secure 
^)7edipnce';to -mUitary  crt)Iigdti6n  of  more  than  one-half  of  the  nuiixE)er 
jgOVplJetl  for  service  in  the  arnvy,; created  much  disquietude  in.the  pu&lio 
Tp?i,»jfil,^amd    the  I  expectation  may  be  supposed   to   have  been   general, 
.^at  the   President  would  reoommend  remedial   legislation  to  correct 
,the  ^yil.  .  jlnl^a'ination  derived. from  the  proper  department;  and  upon 
which  appropriaftions   are   made   by  CoBgre*<s  in  obedience  to  officii 
f^Stiinat^s,  e-jchibit    an    army    of   about  a  half  million   of  men.     The 
jj^gport^of .  the  army  now   in  the  fi^ld,  creates   an  alarming  pressuij^ 
;uporj:itl\e  energies  of  the  governm<^nt;    the  supply  of  arms  and  muni- 
^t(»qs  of  iiwar  is  not   considered    too    abundant    for   present   demand, 
,jijcid  Congress,  may  at  leastr  be  allowed  to  excu.se  itself  for  nou-actioa 
,9^  tihejinft. indicated  by  t.h«  President,  until  some  satisfactory  assurart- 
,^s^i;e,gi,y)erT|  pf  tbe'ability  to  control  and  employ  the  meHns  long  since 
placed  oi  Ihe  disposal. of  the  B^xeoutvve  Department  of  the  Oovern- 
,?ftft];i.t. , ^  Every  meas^ire  proposed  by  thef  Presideut  or  '  th^  Gen^ral- 
j^l-Chiei  to  secure  the  speedy  return  of  absentees  and  deseiters  has 
.p^ii,!^ legalised  by  Congress^  and  this  committee,  not  satisfied  that 
.^pt^,  nicA--JU res.  thus   suggested   tvould   accomplish  ttie   desired   resuH, 
jprf?ptK!^<4'-'^n4;  irepprted  a  bill   "most  needed  at  the  present  time,  for 
,^fj^];tl^ng,,an..eff'^tiye  increaae  to  our  military  strength." v  This  bill, 
j^  tri7Jq<itiop-al!)|e  ia  some  of,  itjs  details,  yet  prortiised  the  most  valuable 
resvj. ts.iu, its. general. opefation^  b.ut  encounterod  oppoaitioa,  from  tbe 
Pr''.^ideiit  so  decided   as   to  induce  the  committee,  in  deference  to  his 
wishes,  to  abandon  the  project.     But,  since  the  President  h;is  urged,  in 
his  late  message,  additional  legislation  for  reinforcing  the  army,  and  as 
Congrt^ss  is  alone  entrusted   with   the  power  of  makintr  the  laws  best 
calculated  to  raise,  strengthen  and  preserve  armies,  the  committee  have 
determined  to  urge  the  passage  of  the  bill,  with  such  modilications  aJ9 
may  remove  objections  without  destroying  the  efficiency  of  the  measure. 
The  committee  is  constrained  to  believe  that  the  soldiers  in  the  field, 
who  have  been  true  to  duty,  will  recog'iizt-  the  inelHciencv  o'(  e.xisring 
remedies  lor  the  evils  of  absenteeism  and  desertion,  and  will  appr  >ve, 
a.s  an   nnav  )idable  necessity,  almost  an v  measure  calculated  t"  secure 


•v 


the  return  to  service  of  those  whose  prestence  is  demanded  by  the  most 
urgent  considerations  of  the  public  safety. 

In  answer  to  the  complaint  that  Congress  had  delayed  the  passage 
of  the  "  negro  soldier "  bill  uniil  the  measure  had  lost  much  of  its 
value,  the  committ^^e  sufrgest  the  following  reasons  for  the' delay  : 

1st.  The  opinion  of  tne  President,  expressed  in  his  regular  message, 
at  the  beginning  of  the  present  session,  that,  beyond' the  "limit"  of 
employing  slaves  as  "pioneer"  and  "engineer"  laborers,  it  did  not 
seem  \o  him  "desirable,  under  existing  circumstances,  to  go."  That 
"  the  subject  is  to  be  viewed  by  us  solely  in  the  light  of  policy  and  our 
social  economy ;"  that,  "  when  so  regarded,"  he  (the  President)  "must 
dissent  Irom  those  who  advise  a  general  levy  and  arming  ot  the  slaves 
for  the  duty  of  soldiers;"  that,  "until  our  white  population  shall 
prove  insufficient  for  the  armies  we  require,  and  can  keep  in  the  field," 
or  "  the  alternative  of  subjugation  "  or  "  the  employment  of  the  slave 
as  a  soldier" Hdc  presented,  the  President  assured  the  Congress  that  the 
policy  of  arming  the  slave  '-would  scarcely  be  deemed  wise  or  advan- 
tageous by  any." 

2.  The  equally  emphatic  statement  of  the  Secretary  of  War,  in  his 
last  report,  that  "  his  own  judgment  did  not  either  perceive  the  neces- 
sity or  approve  the  policyof  emplojang  slaves  in  the  higher  duties  of 
soldiers,"  Also  ttat  "we  had  within  the  miliary  age  as  large  a  pro- 
portion of  our  white  population  as  would  be  required,  or  could  be  ad- 
vantageously employed  in  active  military  operations." 

These  solemn  avowals  of  oeliberate  opinion  by  the  President  and 
his  war  minister,  communicated  to  Congress,  and  never  revoked, 
changed  or  modified  in  any  subsequent  message,  left  Congress  in.  the 
position  of  being  compelled  to  override  the  judgment  of  these  high 
lunctionaries  upon  a  subject  about  which  they  are  presumed  to  be  fully 
informed,  and  not  likely  to  fall  into  error,  or  to  delay  action  until  ad- 
vised of  the  happening  of  the  contingencies  which  would  justify  a  re- 
sort to  the  doubtful  policy  of  arming  the  slaves. 

The  appeal  made  oy  the  President  for  "earnest  and  cordial  co-oper-. 
ation  between  all  departments  of  the  Government,"  meets  with  the 
hearty  approval  of  this  committee,  and,  doubtless,  of  Congress.  Inabil- 
ity to"  concur  in  all  the  views  of  the  President,  or  failure  to  pass,  after 
due  consideration,  all  the  measures  recommended  by  him,  should  not 
be  received  as  any  evidence  of  an  indisposition  to  co-operate  harmo- 
niously with  other  departments  of  the  Government,  in  earnest  eflforts 
to  advance  the  success  of  our  arms  and  the  welfare  of  our  country. 


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